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CASE HISTORY

Land Registration Authority says origin of land title spurious

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In the 1960s, Dominga Roxas Sumulong filed a petition for administrative reconstitution of transfer certificate title (TCT) No. 56809 with a certified photocopy of a purported owner’s duplicate of the title as basis.

The Land Registration Commission (LRC) allowed the reconstitution and the register of deeds of Quezon City proceeded with the same and issued TCT No. (56809) 113005 in the name of Dominga Roxas Sumulong, married to Teoderico Torres. (The LRC was the predecessor of the Land Registration Authority [LRA].)

After reconstitution, the register of deeds proceeded with the registration of various transactions and the issuance of new TCTs.

(The LRA found that the owner’s duplicate copy used for the reconstitution of TCT No. 56809 was a forgery and concluded that the title reconstituted from it—TCT (56809)113005—was “irregularly issued.” The LRA said: “The origin being spurious, all the titles that emanated therefrom are likewise spurious.”)

Sumulong sold several lots with a total area of 431,041 square meters or 43.1 hectares, covered by TCT No. (56809) 113005, to spouses Manuel and Rosalina Aliño. These are Lot No. 644, Lot No. 648, Lot No. 682, Lot No. 685, Lot No. 686, Lot No. 687 and Lot No. 690, all located within the Piedad Estate in Quezon City.

The Aliños paid P290,000 and executed a promissory note for the remaining balance of P4,020,420 payable in five years. Then they made Sumulong execute a deed of sale to convey to them the seven lots.

Later, they allegedly subdivided Lot No. 644 into eight lots, and of these, sold the subdivided Lots Nos. 644-A, 644-B, 644-F and 644-G as well as 648, 682 and 690, a total of seven lots, to Multi-Commercial and Realty Corp.

In October 1990, Wilfredo Torres filed a complaint in the Quezon City Regional Trial Court for specific performance, cancellation of TCTs and reconveyance, alleging that the Aliños had failed to pay the balance.

In the case docketed as Civil Case No. Q-90-7130, the respondents were the Aliños, Investment Underwriter Corp. and the register of deeds. It was later amended to include Ramon Navarro and the Multi-Commercial and Realty Corp.

Litigated were the seven lots sold to Multi-Commercial and Realty Corp., which in turn mortgaged them to Investment and Underwriting Corp. of the Philippines.

In June 1996, the court ruled in favor of Torres and ordered the cancellation of the TCTs in the name of the Aliños, and reconveyed these to Torres. This became final and executory in September 1997.

To get the TCTs finally canceled, Torres filed in November 2000 a petition for the reconstitution of the original copies of TCT Nos. 162418, 162419, 162423, 162424, 117142, 117143 and 117147, and the issuance of the owner’s duplicate copies of these TCTs. He alleged that the original copies filed in the register of deeds were destroyed when a fire  hit Quezon City Hall in June 1988.

This was docketed as LRC Case No. Q13653(00).

In June 2006, the court granted the petition and ordered the reconstitution of the burned TCTs, and their cancellation, and the issuance of new ones in Torres’ name.

(The LRA said that the court simply presumed the “genuineness and authenticity” of these titles, and should have resolved this in the earlier case. In August 2006, the LRA asked then Solicitor General Eduardo Nachura to seek the dismissal of the reconstitution petition by Torres. No other action was taken.)

In November 2010, the court granted Torres’ motion for the revival of judgment and his prayer for a writ of possession. On May 26 this year, the court ordered the city assessor’s office to transfer the tax declarations encompassed by the new TCTs in Torres’ name.

The new titles covered the seven lots that the Aliños sold to Multi-Commercial and Realty Corp., consisting of 237,514 square meters, or 23.75 hectares.

Sources: Land Registration Authority and court records


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Tags: Dominga Roxas Sumulong , Land Registration Authority (LRA) , Land Registration Commission (LRC) , Manuel and Rosalina Aliño , Piedad Estate , Teoderico Torres


  • http://MSN.com LC Lode

    Is there no other way around of rechecking anomalous transactions specially those at the very start, were corrupt?  This is just an example,  for nationwide,  there were so many victim’s descendants who refuse to bring to justice due to costs, waste of time, red-tape and corrupt officials, and it is a proven-fact that lands were sold without the true signature and knowlege of the true or co-owner.  People “come and go” at LRA however, mag-bago pa kaya?

  • Anonymous

    BAKIT, mayroon pa bang sangay ng pamahalaan na hindi gumagawa ng gimik?  Kung yong pinuno nilang bibi (panDUCK) ay mas korap pa sa dice (7-11, kotrap), e, natural lang na gagaya din yong lahat ng nasa baba.  WALA…wala akong naalalamang ahensya ng gobierno na matino.  Yon ngang akala kong straight na NATIONAL STATISTICS office, e hiningan ako para makakuha ng birth certificate, yon pang ibang matunog na sa lagayan?  Nangangamba nga ako na kapag humingi ako ng kopya ko ng transcript sa eskwelahan ko noon ay baka hingan na din ako! 

  • Anonymous

    The LRA should have presented itself as Friend of the Court when this was litigated so that the RTC Judge would have not committed a grievous “innocent” error. 

    Torres has practically destroyed the SANVIL Subd. A few years ago, based on his claim, the open space dedidcated for the playgorund of SANVIL was sold to some individuals. Today they have constructed townhouses on this lot. 

    I wonder how shall this be settled – with these buyers practically acting on good faith.  

  • http://twitter.com/iduniq iduniq

    Then who’s the real owner?

  • Anonymous

    Lookit, Even the Senate cannot know who owns the choppers, how much more land titles.  Get over it.  Filipinos have very low intelligence when it comes to investigation.

  • http://pulse.yahoo.com/_2MLMPK6FVGTHTOVUA7EYA54XEE g

    Aug 22 binigyan kami ng writ of possession then every night nagpapamiting sila of demolition or sheriff. We have to pay Samuel Rodriguez of the 5% cost of our land where our houses were built ( Php 7,000.00 / sq.m.). We did pay torres during the 70′s so that this land will be ours (Morning Star Ext in Sanville), eventually our ancestors found out that his titles are fake. All of a sudden, Aug 26, 2 trucks of SWAT teams came over..ung iba kahit not in uniform, yung iba nga namumukhaan ko pa at alam kong hindi pulis e may baril din. Nilabas nila ang mga gamit sa bahay… grabeng takot ng mga tao at lahat nagkagulo sa paghanap ng pera na pambayad sa kanya agad dahil magpapasheriff sya ulit. Pinakamababa na ang 15k, some paid him 20K, 30K even hundreds of thousands. OMG! khit hndi mayayaman yung tao dito samin- tahimik kami dito at walang gulo…PLEASE MAYOR BISTEK- KINDLY ACT ON THIS. To Vice President Binay- whoever can help us, please pakitulungan kami dito dahil lahat kami ay nagbayad sa kanya! To Torres, especially to Samuel Rodriguez who has given the rights to have 60% of the land by Torres- GOD SEES EVERYTHING. IN DUE TIME, YOU WILL REAP WHAT YOU SOW. Yung perang kinuha nyo samin- doble pa ang higit na ibabayad nyo! Sa lahat po ng nakakabasa nito- please help us to have someone from the authority to act on this matter. Takot na takot na po lahat ang tao dito.

  • Anonymous

    just curious ‘coz
    this could get complicated: 

    if the LRA claimed that the mother title (as
    reconstituted in 1960s) was spurious, so who then is the rightful owner of the
    43ha. property?  Bcoz then that true owner will be the most aggrieved party… but the LRA does not
    mention who… I suppose LRA has a basis for claiming it is a
    fraud so that torres can be imprisoned after proven in court…

    yet still, when
    the issue of fake title is raised, then it will mean that there is
    a genuine original owner who could still pose the same problem/s or threats to the residents…

    all resident
    buyers in good faith and with titles (from alino or other subsequent
    derivative titles) must seek protection from the law (hence, very advisable
    that they collectively get their own lawyer to help them since all oppositions
    need to be filed and resolved in court)… worst scenario then, whether torres or
    someone else is declared as true owner of the mother title, then all land buyers
    in good faith holding derivative titles (by prescription) must remain in their
    lands (supported thru a court order) and for true owner to seek relief from the
    Assurance Fund and/or seek damages against Alino who pocketed the monies paid by the buyer/s…

    If entire property is declared government land, then it becomes an area for more
    squatters to sprout into the open over vacant lots w/in the 43ha. estate… which is another headache and could trigger more complications! QC gov’t. needs to step in, imho…



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